STATE OF MICHIGAN COUNTY OF WAYNE

CHARTER TOWNSHIP OF PLYMOUTH

MALICIOUS COMMUNICATIONS ORDINANCE

ORDINANCE NO. ___________

AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF PLYMOUTH TO PROVIDE FOR TITLE; TO PROVIDE FOR UNLAWFUL MALICIOUS COMMUNICATIONS BY USE OF WRITING; TO PROVIDE FOR UNLAWFUL MALICIOUS COMMUNICATION BY USE OF TELECOMMUNICATIONS SERVICE; TO PROVIDE FOR PENALTY; TO PROVIDE FOR REPEAL; TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE FOR PUBLICATION AND EFFECTIVE DATE. THE CHARTER TOWNSHIP OF PLYMOUTH ORDAINS:

Ordinance No. __________, the Malicious Communications Ordinance, is hereby

adopted to read as follows: SECTION I. TITLE.

This Ordinance shall be known and may be cited as the Malicious Communications Ordinance.

SECTION II. ORDINANCE SECTION A. Malicious communication by use of writing.

It shall be unlawful for any person to knowingly send or deliver or to make and, for

the purpose of being delivered or sent, to part with possession of any letter, postal card or writing, including a text message, or an electronic message sent through any public or private social media outlet, or an electronic posting on the internet/worldwide web, a writing that (1) the person intends to cause the recipient to feel terrorized, frightened, intimidated, threatened, harassed, or molested; (2) that would cause a reasonable person to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested; and (3) that causes the recipient to suffer emotional distress and to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

This section prohibits the aforementioned conduct whenever such communication is

commenced or received within the Township.

SECTION B. Malicious communication by use of telecommunications services.

It shall be unlawful for any person to maliciously use any telecommunications device

or service provided by a common carrier with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy any other person, or to disturb the peace and quiet of any other person by any of the following:

(1) Threatening physical harm or damage to any person or property in the course of a telephone conversation or exchange via any electronic communication device or service.

(2) Intentionally making a false report by telephone or electronic message that any person has been injured, has suddenly taken ill, has suffered death, or has been the victim of a crime, or of an accident.

(3) Deliberately refusing or failing to disengage a connection between a telephone and another telephone or between a telephone and other equipment provided for the transmission of messages by telephone, thereby interfering with any communications service.

(4) Using any vulgar, indecent, obscene, or offensive language or suggesting any lewd or lascivious act in the course of a telephone conversation or electronic communication.

(5) Repeatedly initiating a telephone call and, without speaking, deliberately hanging up or breaking the telephone connection as or after the telephone call is answered.

(6) Making an unsolicited commercial telephone call which is received between the hours of 9:00 p.m. and 9:00 a.m. For the purpose of this subsection, the term "an unsolicited commercial telephone call" means a call made by a person or recording device on behalf of a person soliciting business or contributions.

(7) Deliberately calling a telephone of another person in a repetitive manner which causes interruption in telephone service or prevents the person from utilizing his telephone service. This section prohibits the aforementioned conduct whenever such communication is

commenced or received within the Township. SECTION C. CONSTITUTIONALLY PROTECTED SPEECH This Ordinance does not prohibit constitutionally protected speech or activity. SECTION III. PENALTY. Any person, corporation, partnership or other legal entity who shall violate or fail to comply with any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof may be fined not more than Five Hundred ($500.00) Dollars or imprisoned not more than Ninety (90) days, or both, in the discretion of the court.

SECTION IV. REPEAL. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance, except as herein provided, are hereby repealed only to the extent necessary to give this Ordinance full force and effect. SECTION V. SEVERABILITY. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof. SECTION VI. SAVINGS CLAUSE. The repeal or amendment herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending litigation or prosecution of any right established or occurring prior to the effective date of this Ordinance. SECTION VII. PUBLICATION. The Clerk for the Charter Township of Plymouth shall cause this Ordinance to be published in the manner required by law. SECTION VIII. EFFECTIVE DATE. This Ordinance shall take full force and effect upon publication.

CERTIFICATION The foregoing Ordinance was duly adopted by the Township Board Trustees of the Charter Township of Plymouth at its regular meeting called and held on the _______ day of ____________, 2015, and was ordered to be given publication in the manner required by law. _________________________ Nancy Conzelman, Clerk Introduced: ______________________ Published: _______________________ Adopted: ________________________ Effective upon Publication: __________